Miller Oh, who served as the City Council's mayor pro tem this year and faces perjury charges in a case unrelated to his duties on the panel, was appointed mayor by the council this week.

After some back-and-forth among the council about what to do in light of Oh's charges, the council voted 3-1 to appoint him. Outgoing Mayor Beth Swift dissented, and Councilman Fred Smith abstained.

In July 2012, Oh was charged with five felony counts of perjury. He is accused of using fraudulent information on Department of Motor Vehicles forms from 2004 to 2009 in an effort to avoid child-support payments.

He has pleaded not guilty to all of the charges. A trial is scheduled to begin Jan. 14.

In Buena Park, the mayor's duties include presiding over council meetings, making committee assignments and representing the city at official functions. The mayor pro tem is responsible for filling in when the mayor is unavailable.

Before the meeting, City Clerk Shalice Tilton said the city received 12 calls, one letter and an email from the public concerned about Oh's potential appointment. Some were asking for clarification on the process, while others were opposed. No members of the public spoke at the meeting about Oh's appointment.

There is no city law that says a mayor pro tem has to be appointed mayor the following year. But that typically is the order of succession. Tilton said there have been only three times in the past 20 years where the mayor pro tem was not chosen to be the mayor the following year.

A couple of council members said they were reluctant to break with tradition, but were also worried that Oh's trial could be a distraction.

“I'd like the normal rotation method to be used, because I think it's important for people to have a chance to learn and grow in leadership positions,” Swift said. “However, the next person in line has a distraction I think would hinder his ability.”

Berry suggested waiting until 2014's first meeting, Jan. 14, to vote on the mayor and schedule a study session before the meeting to further discuss the issue.

“It seems to me there's a bit of a cloud over this issue,” Berry said.

The council also voted down that idea in a 2-2 vote. Oh and Brown dissented, and Smith abstained.

Ultimately, Oh was chosen as mayor. Berry was chosen as mayor pro tem.

“I stand before you humbled by the honor you have bestowed on me and grateful in your confidence for allowing me the opportunity and privilege to lead our city,” Oh said in a prepared speech at the end of the meeting. “I care deeply, as you do, about our community. I care, as you do, that we are taking the necessary steps to position our city for the long term and not being short-sighted in our thinking.”

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